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The National Health Service (General Dental Services Contracts) Regulations 2005

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation, commencement and application

    2. 2.Interpretation

  3. PART 2 CONTRACTORS

    1. 3.Conditions: introductory

    2. 4.General prescribed conditions relating to all contracts

    3. 5.Additional prescribed conditions relating to contracts with dental corporations

    4. 6.Reasons

    5. 7.Appeal

  4. PART 3 PRE-CONTRACT DISPUTE RESOLUTION

    1. 8.Pre-contract disputes

  5. PART 4 HEALTH SERVICE BODY STATUS

    1. 9.Health service body status

  6. PART 5 CONTRACTS: REQUIRED TERMS

    1. 10.Parties to the contract

    2. 11.NHS contracts

    3. 12.Contracts with individuals practising in partnership

    4. 13.Duration

    5. 14.Mandatory services

    6. 15.Additional services

    7. 16.Services: general

    8. 17.Units of dental activity

    9. 18.Units of orthodontic activity

    10. 19.Under provision of units of dental activity or units of orthodontic activity

    11. 20.Domiciliary services and sedation services

    12. 21.Finance

    13. 22.Fees, charges and financial interests of the contractor

    14. 23.Arrangements on termination

    15. 24.Other contractual terms

  7. PART 6 TRANSITIONAL PROVISION

    1. 25.Commencement of contract

  8. Signature

    1. SCHEDULE 1

      ADDITIONAL SERVICES

      1. PART 1 ADVANCED MANDATORY SERVICES, DOMICILIARY SERVICES AND SEDATION SERVICES

        1. 1.Provision of advanced mandatory services, domiciliary services and sedation services by the contractor

        2. 2.Referral services

        3. 3.Sedation services

      2. PART 2 ORTHODONTIC SERVICES

        1. 4.Patients to whom orthodontic services may be provided

        2. 5.Orthodontic course of treatment

        3. 6.Orthodontic treatment plans

        4. 7.Monitoring outcomes

        5. 8.Completion of orthodontic courses of treatment

    2. SCHEDULE 2

      PROVISION OF SERVICES: UNITS OF DENTAL ACTIVITY AND UNITS OF ORTHODONTIC ACTIVITY

      1. PART 1 UNITS OF DENTAL ACTIVITY

        1. 1.(1) Where the contractor provides a banded course of treatment,...

        2. 2.Where the contractor provides a charge exempt course of treatment,...

      2. PART 2 UNITS OF ORTHODONTIC ACTIVITY

        1. 3.(1) Where the contractor provides an orthodontic course of treatment...

    3. SCHEDULE 3

      OTHER CONTRACTUAL TERMS

      1. PART 1 PATIENTS

        1. 1.Persons to whom mandatory services or additional services are to be provided

        2. 2.Patient preference of practitioner

        3. 3.Violent patients

        4. 4.Patients who refuse to pay NHS charges prior to the commencement of, or during, treatment

        5. 5.Irrevocable breakdown in relationship between contractor and patient

      2. PART 2 PROVISION OF SERVICES

        1. 6.Course of treatment

        2. 7.Treatment plans

        3. 8.Completion of courses of treatment

        4. 9.Referral to another contractor, a hospital or other relevant service provider for advanced mandatory, domiciliary or sedation services

        5. 10.Mixing of services provided under the contract with private services

        6. 11.Repair or replacement of restorations

        7. 12.Premises, facilities and equipment

        8. 13.Telephone services

        9. 14.National Institute for Clinical Excellence guidance

        10. 15.Infection control

        11. 16.Treatment under general anaesthesia: prohibition

      3. PART 3 SUPPLY OF DRUGS AND PRESCRIBING

        1. 17.General

        2. 18.Supply of drugs

        3. 19.Issue of prescription forms

        4. 20.Excessive prescribing

      4. PART 4 PERSONS WHO PERFORM SERVICES

        1. 21.Dental practitioners

        2. 22.Dental care professionals

        3. 23.Performers: further requirements

        4. 24.Conditions for employment and engagement: dental practitioners performing dental services

        5. 25.Conditions for employment and engagement: persons performing dental services other than dental practitioners

        6. 26.Conditions for employment and engagement: all persons performing dental services

        7. 27.Conditions for employment or engagement: persons assisting in the provision of services under the contract

        8. 28.Training

        9. 29.Level of skill

        10. 30.Appraisal and assessment

        11. 31.Sub-contracting of clinical matters

      5. PART 5 RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY

        1. 32.Patient records

        2. 33.Confidentiality of personal data

        3. 34.Patient information

        4. 35.Provision of and access to information: Primary Care Trust

        5. 36.Requests for information from Patients' Forums

        6. 37.Inquiries about prescriptions and referrals

        7. 38.Notification of a course of treatment, orthodontic course of treatment etc.

        8. 39.Annual report and review

        9. 40.Notification to the Primary Care Trust

        10. 41.Notice provisions specific to a contract with a dental corporation

        11. 42.Notice provisions specific to a contract with two or more individuals practising in partnership

        12. 43.Notification to patients following a variation of the contract

        13. 44.Entry and inspection by the Primary Care Trust

        14. 45.Entry and inspection by members of Patients' Forums

        15. 46.Entry and inspection by the Commission for Healthcare Audit and Inspection

      6. PART 6 COMPLAINTS

        1. 47.Complaints procedure

        2. 48.Making of complaints

        3. 49.Period for making complaints

        4. 50.Further requirements for complaints procedures

        5. 51.Co-operation with investigations

        6. 52.Provision of information

      7. PART 7 DISPUTE RESOLUTION

        1. 53.Local resolution of contract disputes

        2. 54.Dispute resolution: non-NHS contracts

        3. 55.NHS dispute resolution procedure

        4. 56.Determination of dispute

        5. 57.Interpretation of Part 7

      8. PART 8 MID-YEAR REVIEW OF ACTIVITY UNDER CONTRACTS

        1. 58.Mid-year reviews

        2. 59.Action the Primary Care Trust can take following a mid-year review

      9. PART 9 VARIATION AND TERMINATION OF CONTRACTS

        1. 60.Variation of a contract: general

        2. 61.Variation of a contract: activity under the contract

        3. 62.Variation provisions specific to a contract with an individual dental practitioner

        4. 63.Variation provisions specific to a contract with two or more individuals practising in partnership

        5. 64.Termination by agreement

        6. 65.Termination on the death of an individual dental practitioner

        7. 66.Termination by the contractor

        8. 67.Late payment notices

        9. 68.Termination by the Primary Care Trust: general

        10. 69.Termination by the Primary Care Trust: no longer eligible to enter into and breach of conditions of the contract

        11. 70.Termination by the Primary Care Trust for the provision of untrue etc. information

        12. 71.Termination by the Primary Care Trust on grounds of suitability etc.

        13. 72.Termination by the Primary Care Trust: patient safety and material financial loss

        14. 73.Termination by the Primary Care Trust: remedial notices and breach notices

        15. 74.Termination by the Primary Care Trust: additional provisions specific to contracts with two or more individuals practising in partnership and dental corporations

        16. 75.Contract sanctions

        17. 76.Contract sanctions and the NHS dispute resolution procedure

        18. 77.Termination and the NHS dispute resolution procedure

      10. PART 10 MISCELLANEOUS

        1. 78.Evidence of exemption under the Act

        2. 79.Clinical governance arrangements

        3. 80.Quality assurance system

        4. 81.Insurance: negligent performance

        5. 82.Public liability insurance

        6. 83.Gifts

        7. 84.Compliance with legislation and guidance

        8. 85.Third party rights

        9. 86.Signing of documents

    4. SCHEDULE 4

      PATIENT INFORMATION LEAFLET

      1. 1.The name of the contractor.

      2. 2.In the case of a contract with a partnership—

      3. 3.In the case of a contract with a dental corporation—...

      4. 4.The full name of each person performing services under the...

      5. 5.In the case of each person performing dental services under...

      6. 6.Whether the contractor undertakes the teaching or training of persons...

      7. 7.The address of each of the practice premises.

      8. 8.The contractor’s telephone and fax numbers and the address of...

      9. 9.Whether the practice premises have suitable access for disabled patients...

      10. 10.How to request services as a patient.

      11. 11.The rights of a patient to express a preference of...

      12. 12.The services available under the contract.

      13. 13.The normal surgery days and hours of the practice.

      14. 14.The arrangements for dental services for the hours and days...

      15. 15.If the services in paragraph 14 are not provided by...

      16. 16.The telephone number of NHS Direct and details of NHS...

      17. 17.How patients may make a complaint or comment on the...

      18. 18.The rights and responsibilities of the patient, including keeping appointments....

      19. 19.The action that may be taken where a patient is...

      20. 20.Details of who has access to patient information (including information...

      21. 21.The name, postal and website address and telephone number of...

  9. Explanatory Note

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